Lofstedt review into health and safety published
Professor Ragnar E Löfstedt's review into health and safety legislation has now been published.
Commissioned back in March 2011 by Employment Minister Chris Grayling, the review entitled, "Reclaiming health and safety for all: An independent review of health and safety legislation" makes various recommendations aimed at reducing the burden of unnecessary regulation on businesses while maintaining Britain's strong health and safety performance. The Government has accepted Löfstedt's recommendations, and they have been met with support from the Health and Safety Executive (HSE).
So what are the changes going to be, and how will they affect you?
Key recommendations
The major recommendations from the review include:
- an exemption from health and safety laws for the self-employed, where their work activities pose no risks of harm to others;
- a review by the HSE of all ACoPs by June 2012, in order to clarify what the legislation requires;
- in what will undoubtedly please the Government and the tabloid press, a recommendation that Government works more closely with the European Commission and others, particularly during the planned review of EU health and safety legislation in 2013, to make sure that both new and existing EU health and safety legislation is risk-based and evidence-based;
- a plan for the HSE to carry out a programme of sector-specific consolidations by April 2015, in a bid to address the "sheer mass of regulation";
- a change to legislation to give the HSE the authority to direct all local authority health and safety inspection and enforcement activity, in order to make sure that it is consistent and targeted towards the most risky workplaces;
- further addressing the concerns of the "compensation culture", by clarifying and re-stating the standard disclosure list and reviewing regulations which impose strict liability, by June 2013.
Legislation recommended to be revoked
The following legislation has been put forward to be revoked:
- Notification of Tower Cranes Regulations SI 2010/333 and its amendments, because they do not appear to have any quantifiable health and safety benefits;
- Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations SI 1980/1314 and the Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations SI 1974/1841, as they are no longer needed to control health and safety risks;
- Construction (Head Protection) Regulations SI 1989/2209, as they duplicate responsibilities set out in the Personal Protective Equipment at Work Regulations SI 1992/2966.
Legislation recommended to be amended, clarified or reviewed
Recommendations were made for the following legislation to be amended, clarified or reviewed:
- Health and Safety (First Aid) Regulations SI 1981/917 should be amended to remove the unnecessary requirement for the HSE to approve the training and qualifications of appointed first-aid personnel;
- Construction (Design and Management) Regulations SI 2007/320 and its associated ACoP should be revised by April 2012, to make sure there is a clearer expression of duties, a reduction of bureaucracy and appropriate guidance for small projects;
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations SI 1995/3163 and its associated guidance should be amended by December 2013, to make it clearer how businesses should comply with the requirements;
- clarification on the requirement for portable appliance testing, through changes to the Electricity at Work Regulations SI 1989/635 if necessary, by April 2012;
- Work at Height Regulations SI 2005/735 and its associated guidance should be reviewed by April 2013, to make sure the provisions do not go beyond what is either proportionate or what the legislation was originally intended to cover.
Next steps
The Government is committed to delivering the recommendations to the dates outlined below, and will work with the HSE and Government departments to develop an implementation plan.
By the summer of 2012:
- health and safety guidance for small businesses will be much simpler;
- businesses will get simple and consistent guidance from the HSE, professional bodies and insurers;
- low risk businesses that manage their responsibilities properly will no longer be visited by inspectors;
- legislation will be brought forward to abolish the Adventure Activities Licensing Authority.
By 2013:
- self-employed people whose work poses no threat to others will be exempt from health and safety law;
- revised ACoPs will give businesses clear practical examples of how to comply with the law;
- unnecessary regulations will be revoked.
By 2014:
- a simpler accident reporting regime will be in place;
- if the planned review is successfully "influenced", EU health and safety legislation will in future be risk and evidence based;
- the nuclear industry will have its own dedicated independent regulator;
- enhanced HSE powers will help drive consistent enforcement for all businesses;
- legislation will be consolidated by industry sector, making it clear which provisions businesses need to comply with;
- the total amount of legislation businesses have to comply with will be reduced by 50%.
For further information, see:
- http://cedr.ec/1o, which is the full document "Reclaiming health and safety for all: An independent review of health and safety legislation".
